International Human Rights Law Relating to Indigenous Sacred Sites - October 16, 2006
New York Times article on Bear Butte - August 4, 2006
The sanctity of Bear Butte, near Sturgis, South Dakota, a site that is held sacred by numerous tribes, is facing potential destruction by the granting of hard liquor licenses and the development of huge outdoor amphitheaters nearby. With these developments will come noise, crowds, and interruption of the quiet and respect needed for traditional ceremonies – all of this within two miles of the base of Bear Butte.
Bear Butte is but one example of the numerous attacks across the country on indigenous traditional ways of life and indigenous peoples’ human right to maintain, protect, and promote their traditional and cultural beliefs, which includes their ability to practice their spiritual beliefs in privacy and without disruption. This is not merely a cultural and spiritual concern. It is a matter of human rights, recognized in the UN International Covenant on Civil and Political Rights, the International Labor Organization’s Indigenous and Tribal Peoples Convention (ILO Convention No. 169), and the UN Declaration on the Rights of Indigenous Peoples. Article 7 of the UN Declaration on the Rights of Indigenous Peoples provides that “Indigenous peoples have the right ... to maintain, protect, and have access in privacy to their religious and cultural sites.” In addition, Article 25 provides that “Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally ... occupied and used lands ... and to uphold their responsibilities to future generations in this regard.”
The UN Declaration spells out the legal and moral obligations of countries, including the United States, to respect and promote the human rights of indigenous peoples – particularly the right to maintain, protect and have access in privacy to their spiritual and cultural sites. It is this fundamental human right that is at risk with the newest alcohol and concert hall developments taking place at Bear Butte. The UN Declaration recognizes these rights, and we call upon the United States to fulfill its obligation to promote and protect these rights- particularly indigenous peoples’ right to continue their spiritual practices at Bear Butte, and to strengthen their ties to this land for their children, in privacy and without further disruption.